IP Update - October 2010


In This Issue:


1 Practicing a Standard Can Be Used to Prove Infringement

2 Angiotensin Receptor Blocker Not Obvious Under Lead Compound Doctrine

3 Successor to U.S. Subsidiary Liable for Predecessor’s Patent Damages Liability Notwithstanding Its Establishment Pursuant to Foreign Agreement Between Foreign Companies

3 Manufacturers of Patented Products Must Be Licensed to Recover Lost Profits

4 Party Intent Controls Interpretation of Patent Assignments

5 Strict Compliance with Notice Provisions Not Required for Termination of License Agreement

5 Unless Release Is Clear and Unambiguous, Look Out

6 Preambles as Limitations: Storm Flag on the Horizon

6 Court Breathes Life Back into CPR Mask Dispute

7 Envisioning an Invention Not Yet Made Is Not Constructive Reduction to Practice

8 Be Careful What You Argue For

9 Board Continues to Reject Computer-Related Method Claims


9 Exotic Dancing Attire May Be Inherently Distinctive, but the Chippendales “Cuffs & Collar” Costume Is Not

10 Contrary to Fourth Circuit, Eighth Circuit Finds No Confusion from “Stuffing” Towel Dispensers With Non-Branded Toweling

11 European Court of Justice Rules That Shape Of Lego Brick Cannot Be Protected As Trademark


12 No Sale? No First Sale Doctrine Defense

13 Digital Music Downloads Are Not Public Performances

14 Broad but Definite License Agreement on Eminem Masters Means $$

14 Ravens’ Fair Use Defense Won’t Fly

15 Beware Non-Compliance with E-Discovery

Please see full update below for more information.

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Written by:


McDermott Will & Emery on:

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